Intention is not an element — it belongs to other torts
A worked RES examination question on negligence elements, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A buyer relied on an agent's careless statement about a property's remaining tenure and, on the strength of it, paid materially more than he otherwise would have. He now sues in negligence. The agent protests that he never meant to mislead anyone and had no wish to see the buyer lose a cent, and says that settles the matter. The buyer's own adviser had earlier warned him that a claim of this kind is not made out merely by showing that the agent said something wrong.
Which statement is correct?
The answer, and why
Answer: D
The rule. Negligence requires a duty of care, a breach of it, and damage caused as a result. Intention is not an element — it belongs to other torts. A careless misstatement relied on to the claimant's loss makes out the claim whatever the agent meant.
Why D is correct. The agent owed the buyer a duty over the tenure information, misstated it carelessly, and the buyer overpaid in reliance. That the agent meant no harm is beside the point.
The other options.
- A treats intention as a requirement of the claim.
- C demands dishonesty, which negligence does not.
- B takes the adviser's true warning — that a wrong statement alone is not enough — and misreads it as defeating a claim where breach, reliance and loss are all present.
Exam note. Negligence is about falling below a standard, not about meaning harm.
More on Negligence elements
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